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(영문) 부산지방법원 2016.07.21 2016노1790
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of a fine of one million won imposed by the original court on the summary of the grounds for appeal is too unreasonable.

2. Considering the circumstances favorable to the Defendant, such as the fact that the amount of damage to the instant crime was KRW 1.60,00,000, the Defendant took the attitude of recognizing and reflecting the Defendant’s mistake, and that the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) that could have been tried simultaneously with the instant crime at the Busan District Court on April 28, 2016, and the appeal trial is currently underway, even though the Defendant had been already punished several times ofless crimes, and that the Defendant again committed the instant crime before the lapse of one month after the execution of punishment due to the previous offense, such as fraud, etc., by taking account of the circumstances such as the Defendant’s age, sex, criminal records, criminal records, and circumstances after the crime, etc., the punishment that the lower court rendered within the discretionary scope of punishment.

The decision is judged.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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